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Software License

We provide Movable Type software licenses as before.You can pay with your credit card by PayPal.

This Movable Type License Agreement (hereinafter referred to as this "Agreement") is made and entered into by and between an individual, corporation, entity or organization (hereinafter referred to as the "Client") that uses Movable Type 6.x (hereinafter referred to as the "Software") and Six Apart, Ltd. (hereinafter referred to as "Six Apart"). The Client shall not download, install or use the Software unless it agrees to this Agreement. The Client shall be deemed to have agreed to this Agreement upon its download, installation or use of the Software.

Article 1. Definitions

In this Agreement, the following terms shall have the meanings specified below:

(1) User

"User" means an individual who has been assigned his/her own login name generated by the Software through the function of the Software to "add/edit blog authors." Any person using invalidated login name shall not be counted as a User. Further, it is prohibited to share a login name of any individual among more than one person.

(2) Commenter

"Commenter" means a User entitled only to post comments on the Software. The number of Commenters shall not be included in the number of Users.

(3) Server

"Server" means a computer installed with Movable Type, or a group of computers consisting of a computer installed with Movable Type and a computer or computers used for publishing web pages and a computer or computers used as database server.

(4) Update

"Update" of a product means a minor functional improvement over, or a bug fixing in, the current version. Release of an Update may be confirmed by a change of the figure after the decimal point of the version number. For example, a change from X.1 to X.2 represents an Update.

(5) Upgrade

"Upgrade" means a major-scale release of a product with introduction of a new function or improvement in the key functionality of the Software. Release of an Upgrade may be confirmed by a change of the figure before the decimal point of the version number. For example, a change from 5.X to 6.X represents an Upgrade.

Designation of either the "Update" or the "Upgrade" shall be made by Six Apart.

Article 2. Use of Software

Pursuant to the provisions of this Agreement, the Client shall be granted a license to use, on a non-exclusive, non-transferable and non-sublicensable basis, the Software for the purpose of the Client's own use (if the Client is a corporation, entity or organization, use of the Software by an individual belonging to the Client or any similar individuals designated by the Client from among individuals within the scope permitted by Six Apart in accordance with the License Policy, as the use of the Software by the Client pursuant to this Agreement), and, if the Client operates a community, for the purpose of use within the community by participants therein. Except as specified in this Agreement, the Client may not provide any third party the whole or part of functions of the Software, nor may the Client receive from any third party a consideration for the use of the Software, no matter what the purpose of use is. Six Apart shall be entitled to determine whether the use by the Client is pursuant to this Agreement or not. Six Apart shall retain all rights pertaining to the Software (including all intellectual property rights), as well as all rights pertaining to the Software which are not specifically licensed under this Agreement. The use of the Software shall be limited to the number of Users and the number of Servers set forth in this Agreement. The number of the Commenters shall not be limited.

Article 3. Production of Duplicates

The Client may duplicate the Software in any readable forms, in the minimum number necessary only for the backup purpose; provided, however, that, such duplication of the Software shall be made in the same form as the original and with an indication of the authorized person. For the avoidance of doubt, any rights to the Software not specifically licensed hereunder shall be reserved by Six Apart.

Article 4. Technical Support, Update and Upgrade

(1) Technical supports for the Software shall be provided by Six Apart or a partner company of Six Apart for value. The Client shall enter into a separate agreement with Six Apart or such partner company of Six Apart on an individual basis concerning the contents of technical supports.

(2) For two (2) years after the purchase of license for the Software and any period to be separately designated by Six Apart thereafter, the Client shall be entitled to receive an Update to the latest version for free.

(3) If the Software is provided as an Update or Upgrade, the Client may use either the previous version or the current version and shall not use both versions concurrently; provided, however, that, if the Client chooses to use the previous version despite the Upgrade of the Software, the Client shall acknowledge that the Update set forth in the preceding Paragraph concerning such previous version may be terminated at the discretion of Six Apart.

Article 5. Compliance

The Client shall understand and acknowledge that it may use the Software only in compliance with all applicable laws. In addition, the Client shall use the Software in accordance with laws and other regulations relating to privacy and intellectual property rights. The Client shall cause any User to adhere to the conditions of this Agreement and acknowledge that any violation of this Agreement by such User shall be deemed as a violation by the Client.

Article 6. Prohibited Matters

The Client shall be prohibited to commit the acts specified in each Item below:

(1) To distribute any software derived from the Software (provided, however, that, distribution of plug-ins and other add-ins written by using API and any other programming interfaces published by Six Apart shall be permitted);

(2) To duplicate the Software otherwise than set out in this Agreement;

(3) To perform reverse engineering, decompiling or disassembling concerning the Software, or otherwise try to restructure or clarify source code or algorithm for the Software;

(4) To make available the Software, whole or part, or any duplicate thereof, to any third party in the form of sale, assignment, grant of a license, disclosure, distribution to such third party or otherwise;

(5) To use the Software for the purpose of providing hosting services to any other party or providing services to any other individual, corporation, entity or organization which renders, as business, services relating to the Internet or systems, etc., with or without consideration;

(6) To delete or modify any display authority or trademark on the Software.

Article 7. Protection of Personal Information and Privacy

All personal information furnished by the Client to Six Apart shall be controlled in accordance with the Privacy Policy published on the website https://www.movabletype.com/privacy/. The Client shall be deemed to have understood and accepted the Privacy Policy by using the Software.

Article 8. Guarantee by Six Apart

Six Apart hereby guarantees that no order is included in the Software which has been designed intentionally to alter, lose, destroy, record or transmit any information in computer, computer system or computer network, without intent or permission of the manager of the relevant information. This guarantee shall not apply to open source codes included in the Software, if any. If, during the term of this Agreement, any object which violates the guarantee hereunder, other than the open source codes, is found to be included in the Software, Six Apart shall make any reasonable commercial efforts to alter or replace the Software, at the cost of Six Apart, so that the Software may comply with the guarantee set out herein, without prejudice to any primary function of the Software, as the only legally available relief. The Client may not pursue any other legal relief in connection with the violation of guarantee set out in this Article.

Article 9. Limitation on Guarantee relating to Function of Software

(1) The Software shall be furnished on as-is basis and shall not provide any security or guarantee whether express or implied. Six Apart shall not provide security or guarantee of any kind whatsoever, whether express or implied, including, but not limited to, an implied security or guarantee concerning the merchantability and suitability to any specific objectives.

(2) Any and all risks pertaining to the quality and performance of the Software, program errors in the installation and use, damage to devices, loss of data and software programs, nonperformance or suspension or otherwise shall be borne by the Client. The Client shall determine the suitability of use of the Software at its own responsibility, and bear any and all risks pertaining to such use.

Article 10. Termination

(1) If the Client violates any provision of this Agreement, Six Apart may terminate this Agreement without giving notice.

(2) Upon the termination of this Agreement, licenses and technical supports having been granted to the Client shall all be terminated and the Client shall immediately uninstall and suspend any use of the Software, and, if instructed by Six Apart, shall delete or destroy any duplicates of the Software. In such cases, considerations having been paid for the Software and technical supports shall not be refunded for any reason whatsoever. Provisions relating to "Limitation on Guarantee relating to Function of Software," "Indemnification," "Limitation on Liability" and "General Provisions" shall survive the termination of this Agreement.

Article 11. Indemnification

The Client hereby agrees to indemnify Six Apart, any of its officers, employees, agencies, subsidiaries, affiliates and other partners for liabilities for any direct, indirect, contingent, exceptional, consequential or punitive damage arising from the Client's use of, or otherwise in connection with, the Software.

Article 12. Limitation on Liability

(1) The Client specifically understands and acknowledges that, Six Apart shall not assume liabilities for any direct, indirect, contingent, exceptional, consequential or punitive damage, including, but not limited to, those resulting from loss of profits, loss of credibility, nonperformance, unavailability of data or other causes, as well as any other unrecognized damage, not only where Six Apart has notified the possibility of such damage in advance, but in all other cases.

(2) The amount of accumulated damages payable by Six Apart to the Client shall be up to the amount of fees paid by the Client to Six Apart during the latest twelve (12) months, not only where the court of competent jurisdiction rejected the limitation on liability for any contingent or indirect damage and the limitation referred to in Paragraph 1 does not apply to the Client, but in all other cases.

Article 13. General Provisions

(1) This Agreement shall be governed by and construed in accordance with the laws of Japan. This Agreement shall constitute an entire agreement between the Client and Six Apart, and the Client shall use the Software in accordance with the provisions of this Agreement. This Agreement shall supersede any and all agreements prior to the execution of this Agreement.

(2) All disputes arising from or in connection with this Agreement shall be submitted to the exclusive agreed jurisdiction of the Tokyo District Court, for the first instance.

(3) If any provision of this Agreement is determined by the competent court to conflict with any law, then such provision shall be modified or construed, to the maximum extent permitted by law, so that the expected objectives may be fulfilled, and any other provision of this Agreement shall remain full force and effect.

(4) The Software shall be the "commercial item" defined in the United States 48 C.F.R. 2.101, and is comprised of the "commercial computer software" and the "commercial computer software documentation" used in the United States 48 C.F.R. 12.212. Provisions of the United States 48 C.F.R. 12.212 and from C.F.R. 227.7202-1 through 27.7202-4 shall apply concurrently and any and all United States end users shall obtain the Software within the extent of the rights stipulated in the said provisions.

(5) Both parties acknowledge that the manufacturing and sale of the Software shall comply with the export control-related laws and regulations of Japan and the United States, and agree to comply with all such laws.

(6) The Client may not assign, transfer, pledge or otherwise dispose of its contractual status or rights or obligations under this Agreement without prior written consent of Six Apart, and any assignment, transfer, pledge or other disposition contradicting the above shall be invalid.

(7) Movable Type, logo of Movable Type, and other logos and names of Movable Type, Six Apart, logo of Six Apart and other logos and names of Six Apart shall be the trademarks of Six Apart. The Client hereby agrees that it shall not indicate or use such trademarks in any manner whatsoever without prior written consent of Six Apart.

(8) To the extent not significantly prejudice the benefit of the Client, the Client shall acknowledge that Six Apart may amend or modify this Agreement without consent of the Client.

(9) Titles and numbers of Articles, Paragraphs and Items of this Agreement shall be for convenience purposes only, and they shall not have any legal effects.

PROUNLIMITED

Need Support?

Standard Technical Support

Standard technical support is provided for Movable Type users (MT Users) who purchased our “Technical Support Services” additionally. Support is valid for one month or three months starting from the license registered date, and the validity period can be extended with further purchases.

All queries are answered through the online ticket support system. Support by email, phone, and instant messenger is not available. General response time is about 2-3 business days.

If you wish to receive support through mediums other than email or need help with commissioning website construction, please contact Six Apart’s support partner.

Supported Topics

Admin Screen Operations / Settings

Help with questions regarding operations / settings on the admin screen [mt.cgi].

Configuration File [mt-config.cgi]

Help with settings and editing the configuration file [mt-config.cgi].

Install / Update / Upgrade

Help with installing / updating / upgrading Movable Type.

Errors / Malfunctions

Help with errors / malfunctions that occur while using Movable Type. It is extremely helpful to save or make note of error message(s) received when the error occurred. Please understand that not all errors / malfunctions can be fixed. Also, support staff cannot help with errors / malfunctions caused by operations not compatible with the MT User’s personal environment.

Viewing Published Blogs

Help with how a published Movable Type blog is displayed. Note that support staff cannot help solve problems caused by the MT User’s environment (OS / browser).

Manual / Product Specifications

Help with Movable Type information manuals and product specifications.

Tags (MT Tag)

Help with the use of Movable Type tags (MT Tags). Explanations on the basics of MT Tag notation, site construction and template creation is not covered by support. Also, support staff cannot answer general HTML and stylesheet questions.

Miscellaneous / Support

Help with questions regarding Movable Type standard support and other miscellaneous issues not mentioned in this document.

About Movable Type Support Services

It is highly recommended that the MT User read through the official Movable Type Manual prior to contacting customer support. Depending on the question, answers from customer support might be exactly the same as information provided in the manual.

Questions related to Movable Type and official plugins can be answered by customer support. Customer support can not help with problems related to non-Six Apart products, software required to run Movable Type, third party plugins, third party software that connects to Movable Type and general software required for installing and setting up Movable Type.

The MT User holds the responsibility of confirming their computing environment is compatible for use with Movable Type. Customer support cannot help with questions about servers, non-Six Apart software, database construction or environment set-up.

Support is offered for the latest version of Movable Type only. Many problems can be resolved by upgrading to the latest version. After a major version upgrade of Movable Type has occurred, support for previous versions will end after a certain amount of time, specified by Six Apart.

Questions about modifying the Movable Type source code, as well as problems caused by the modification of Movable Type source code, can not be answered by customer support.

Solutions given to the MT User from customer support should be regarded as advice. We cannot guarantee that all questions can be answered or that all solutions given will fix the submitted query.

How the information given by customer support is used is up to the MT User’s discretion. Six Apart can not be held responsible for problems or damage directly resulting from MT User actions.

Six Apart does not guarantee solutions to all problems sent to customer support. Also, the length of time that customer support services remains valid for any MT User can be changed at the discretion of Six Apart.

Support is offered for as long as the MT User’s product license is valid. If Six Apart discovers that the MT User has invalidated their user agreement, the provided support time period can be shortened or canceled.

Six Apart has the right to update the information provided in this document without prior notice.

Unsupported Topics

The following topics are not covered by technical support services.

Site building and design

Software required for Movable Type operations

Third party plugins

Third party software designed to be used with Movable Type

Operation of software necessary for installation / set-up

Problems related to the MT User’s personal environment

Advice on computing environments

General instructions on MT Tag, HTML and stylesheet notation

Plugin development for Movable Type expansion

Problems related to modifying or modified source code

Problems with versions of Movable Type older than the latest version

Questions unrelated to Movable Type

Non-Six Apart products

Hours of Operation

Monday - Friday 10:00 - 19:00 (PST)

Closed Saturday, Sunday, public holidays

Support services are available during normal Six Apart business hours. Support is closed weekends and public holidays. Although general response time can take up to 3 business days, there is a chance the wait time may take longer depending on the issue and the amount of questions received by customer support during a given time period. Queries sent after 7:00 pm on a weekday will not be processed until the following business day.

If you do not receive a response after 3 business days, there is a chance an error occurred in which case please re-send your question using the contact form. Questions not sent with the contact form will not be answered.